Introduction
This Membership Agreement (“Agreement”) and all all policies and additional terms
and conditions posted on and in our sites, applications, tools, products or services
(collectively “Services”) set out the terms on which D-Market Elektronik
Hizmetler ve Tic. A.Ş. (“Hepsiglobal” or “We”) offers who access to
global.hepsiburada.com and mobile applications and use of
our Services (“Member” or “You”).
This Agreement is entered into between Hepsiglobal and Member.
These ("Terms & Conditions") govern your membership and use of the website of
global.hepsiburada.com (the "Hepsiglobal Site" or the "Site") and your purchases and use of
products available through the Site. The Site is operated by Hepsiglobal and/or its
subsidiaries and affiliates (collectively referred as "Hepsiglobal"). Hepsiglobal reserves
the right to modify, update and terminate the content of the website and services provided
to members in any time or delete member’s registered information and data.
We reserve the right to update, revoke or modify the Terms & Conditions of this Agreement
at any time without prior notice. For this reason, we encourage you to review the Terms
& Conditions whenever you visit the Site.
Terms & Conditions
By establishing membership on the Site or purchasing or using products through the Site, you
acknowledge and agree as follows:
- GENERAL
You represent that you are (a) at least 18 years of age,
(b) of legal age to form a binding contract, and (3) not a person barred from entering
into contracts under your local jurisdiction.
You shall establish and use your
membership on the Site, and purchase and use the products available through the
Hepsiglobal Site, in strict compliance with these Terms & Conditions and all
applicable laws, rules and regulations (collectively, "Laws").
All calls, emails and other communications between you and Hepsiglobal may be recorded.
The member agrees and undertakes to comply with the provisions of the legal legislation
and not to infringe related legislation while using the web site. Otherwise you shall be
responsible for all legal and penal obligations.
- HEPSIGLOBAL MEMBERSHIP
- Establishing a Membership
You may establish a membership on the Site. Enrolment requires you to (1) indicate agreement
to these Terms & Conditions, (2) provide contact information and identification details,
and (3) submit any other form of authentication as required by Hepsiglobal as part of the
enrolment process. You agree to accept responsibility for all activities that occur under
your account or password. You are responsible for maintaining the confidentiality of your
account and password, and for restricting access to your account. Otherwise, you shall not
claim any compensation and other claims arising from such unauthorized use from
Hepsiglobal.
You shall not use your Hepsiglobal membership for any fraudulent or improper purpose or any
purpose that is competitive to Hepsiglobal. You shall notify Hepsiglobal immediately
by emailing [global@hepsiburada.com] of any unauthorized use of your Hepsiglobal membership
or the Hepsiglobal Site known to you. Hepsiglobal reserves the right to refuse or
cancel any person’s registration for this Site, remove any person from this Site and
prohibit any person from using this Site for any reason whatsoever, and to limit or
terminate your access to or use of the Site at any time without notice. Hepsiglobal
neither warrants nor represents that your use of the content available on this Site will not
infringe rights of third parties not affiliated with Hepsiglobal. Termination of your
access or use will not waive or affect any other right or relief to which Hepsiglobal may be
entitled.
Hepsiglobal may terminate your membership and refuse any and all current or future use
of the Site (a) in order to comply with applicable Law, (b) if you provide any information
that Hepsiglobal determines, at its sole discretion, to be untrue, inaccurate, not current
or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete),
(c) if Hepsiglobal determines, in its sole discretion, that you are using your Hepsiglobal
membership in a manner not permitted by these Terms & Conditions, or (d) in other
circumstances, as Hepsiglobal deems appropriate in its sole discretion.
- WEBSITE TERMS OF USE
Please review our Privacy Notice
and Cookie Policy
- License
All content available through this Site (including without limitation,
text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code
and software, as well as the selection and arrangement thereof) is the exclusive
property of and owned by Hepsiglobal, its licensors or its content providers, and is
protected by copyright, trademark and other applicable Turkish and foreign laws.
Any unauthorized access to the Site by you (including any such access or use that
involves in any way an account you may establish on the Site or any device you may use
to access the Site) shall cause the termination of your membership by Hepsiglobal.
- Content You Submit Through the Site
Your submission of personal information through the Site is governed by our privacy notice,
which can be reached by clicking on the "Privacy Notice Cookie Policy" link located in the
Site (the "Privacy Notice and Cookie Policy"). The Terms & Conditions
incorporates by reference the terms and conditions of the Privacy Notice and Cookie Policy.
You grant Hepsiglobal a perpetual, irrevocable, non-terminable, worldwide, royalty-free and
non-exclusive license to use, copy, distribute, publicly display, modify, create derivative
works, and sublicense such content or any part of such content, in any media. You
hereby represent, warrant and covenant that any content you provide does not include
anything (including, but not limited to, text, images, music or video) to which you do not
have the full right to grant such a license to Hepsiglobal.
You represent that all of
the information, data and other materials you provide on this Site or to Hepsiglobal through
any other means are true, accurate, current and complete. You are responsible for updating
and correcting the information you have provided on this Site, as appropriate. You are
responsible to Hepsiglobal for any damage that occurs due to the inaccurate information you
have provided.
You may not use a false email address or other identifying information,
impersonate any person or entity or otherwise mislead as to the origin of any content.
Some features that may be available on this Site may require registration. By registering,
you agree to provide true, accurate, current and complete information about yourself.
Member agrees and undertakes that not to reach or use other internet users’ software
and data without permission. Otherwise, all damages and expenses arising from unauthorized
use belong to member.
- Disclaimers
Except as otherwise expressly provided in these Terms
& Conditions, or required by applicable law, Hepsiglobal makes no representations,
covenants or warranties and offers no other conditions, express or implied, regarding
any matter, including, without limitation, the merchantability, suitability, fitness for
a particular use or purpose, or non-infringement of Hepsiglobal membership, any content
on the Site, or any products purchased through the Hepsiglobal site, as well as
warranties implied from a course of performance or course of dealing.
Your use of
this Site is at your sole risk. The Site is provided on an "as is" and "as
available" basis. We reserve the right to restrict or terminate your access to the
site or any feature or part thereof at any time. Hepsiglobal disclaims any
warranties that access to the Site will be uninterrupted or error-free; that the Site
will be secure; that the Site or the server that makes the site available will be
virus-free; or that information on the site will be correct, accurate, adequate, useful,
timely, reliable or otherwise complete. If you download any content from this
Site, you do so at your own discretion and risk. You will be solely responsible
for any damage to your computer system or loss of data that results from the download of
any such content. No advice or information obtained by you from the Site shall
create any warranty of any kind.
LIMITATION OF LIABILITY
The providers whose products are available on the Hepsiglobal Site are independent
contractors and not agents or employees of Hepsiglobal. Hepsiglobal is not liable for the
acts, errors, omissions, representations, warranties, breaches or negligence of any such
service providers or for any personal injuries, death, property damage, or other damages or
expenses resulting therefrom.
You acknowledge and agree that you assume full
responsibility for your use of the site and/or for use of the Hepsiglobal membership,
communications with third parties, and purchase and use of the products and services
available through the Hepsiglobal Site. Member shall not use the website in any way to
disrupt the public order, contrary to the general morality, uncomfortable and harassing for
others, for an unlawful purpose, to infringe the intellectual and copyright of others. In
addition, the member shall not engage in any activity (spam, virus, trojan horse, etc.) that
may prevent or complicate the use of services by others. Opinions which are stated, used,
written by the members on the website are completely the personal opinions of the members
and these opinions are binding for the members. These views and thoughts have no interest
and connection with Hepsiglobal. Hepsiglobal has no responsibility for any damages incurred
by the third parties due to the member’s views and thoughts. Also Hepsiglobal has no
responsibility for any damages incurred by the member due to third party’s views and
thoughts. You acknowledge and agree that any information you send or receive during your
membership and/or use of the site may not be secure and may be intercepted by unauthorized
parties. You acknowledge and agree that your use of the site is at your own risk and that
the site is made available to you at no charge. Recognizing such, you acknowledge and agree
that, to the fullest extent permitted by applicable law (including, without limitation,
consumer protection law), neither Hepsiglobal nor its licensors, suppliers or third party
content providers will be liable for any direct, indirect, punitive, exemplary, incidental,
special, consequential or other damages arising out of or in any way related to (a) this
Site, or any other Site or resource you access through a link from this Site; (b) any action
we take or fail to take as a result of communications you send to us; (c) your Hepsiglobal
membership, any termination or cancelation of your membership; (d) any products or services
made available or purchased through the Hepsiglobal site, including any damages or injury
arising from any use of such products; (d) any delay or inability to use the Site or any
information, products or services advertised in or obtained through the Site; or (e) the
modification, removal or deletion of any content submitted or posted on the Site
- INDEMNITY
You agree to defend, indemnify and hold Hepsiglobal
(including our affiliates and subsidiaries, as well as our officers, directors,
employees) harmless from and against any and all claims, demands, damages, costs and
expenses, legal fees (including attorneys' fees), made by any third party due to or
arising from or related to your use of the Site and/or your breach of any
representation, warranty, or other provision of the Terms & Conditions.
- SEVERABILITY
If any provision of these Terms & Conditions
shall be invalid, illegal or unenforceable in any respect, the validity and
enforceability of the remaining provisions shall not in any way be affected or impaired
thereby, and such provision shall be deemed to be restated to reflect the parties’
original intentions as nearly as possible in accordance with applicable laws.
- APPLICABLE LAW
These Terms & Conditions and the relationship between you and Hepsiglobal will be
governed by the laws of Turkey. Any disputes arising out of this Agreement will be resolved
by İstanbul courts.